The plaintiffs, the Peninsular Malaysia Workers Clubs Union and its secretary-general, Abdullah Sani Abdul Hamid, are challenging Rajasekaran’s appointment, claiming that six unqualified delegates from four unions in the MTUC had unlawfully participated in the election.

They want the court to declare the results of the election of the MTUC’s principal officers for 2008-2010 unlawful and to order the congress to call for a fresh election within 60 days.

Rajasekaran won the secretary-general’s post beating Abdullah Sani by four votes. He obtained 259 votes and Abdullah Sani, 255 votes.

In his submission, Kalaimany said the plaintiffs were not deprived of the opportunity to inspect the list of delegates attending the MTUC’s triennial delegates conference because the list was available for inspection at the general council meeting.

Sivarasa had argued that Rajasekaran had failed to provide the delegates list during the election to enable the plaintiffs to verify the eligibility of the delegates and their entitlement to vote. — Bernama